# Smoking Ban - Response from PA Senator



## CigarRob (Mar 3, 2007)

Given the fact that this email was sent to dozens of others, I can only assume that mine was never read and that the words "smoking ban" simply triggered my inclusion into an email group...likely assuming that I am a proponent of ban legislation. The following is what I received today. Note his true convictions as he explains why he voted for something even though he disagrees with it.

These people should never ever be trusted with our liberties.

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Today, I voted in favor of Senate Bill 246 (SB 246), as amended. The 
legislation creates a new Clean Indoor Air Act that prohibits smoking in public places and workplaces.

There has been a lot of debate and discussion on this issue over the past few months. As I indicated to leadership earlier this month, the question was a matter of when a ban would be implemented rather than if a ban would be implemented. It is with that in mind that I voted in 
favor of this legislation - because I believe a ban that protects some of our 
residents and employees is better than what we currently have in Pennsylvania.

During the debate on June 25th, an omnibus amendment was offered that provides for a number of exemptions. I voted against that amendment because these amendments did nothing to address the overarching health care issues and actually continue to ensure that some of our residents remain in contact with second hand smoke in their work places. Based 
on the debate, it is clear that a majority of the Senators believe that there should be some exemptions. Unfortunately, it is also clear that there is a group of individuals that would like nothing better to see both bills voted down and Pennsylvania to maintain its status quo. It is for 
that reason that I voted in favor of this flawed bill.

The fight is not over. SB 246 now goes to the House for consideration. It is 
my hope that during the debate and discussion in that chamber that there will be amendments offered to 
remove some of these exemptions. Perhaps then the bill can come back to the Senate for concurrence and we can approve a final product that truly protects the health of the residents of this Commonwealth.

I encourage you to contact your House member and make your thoughts on the various exemptions in SB 246 heard. I hope you will also continue to 
communicate your thoughts with me as we continue to work together to address this important health issue.

The list of exemptions in SB 246 follows for your reference:

·	Private residences when used as a child, group or family day-care home 
subject to licensure, registration or certification by the Department of Public 
Welfare 
·	Up to 25% of designated sleeping rooms in hotels/motels/lodging 
establishments 
·	Wholesale or retail tobacco shop whose sales of tobacco products 
comprise 
85% or more of the shop's gross sales 
·	Workplaces of any manufacturer, importer or wholesaler of tobacco 
products, 
tobacco leaf dealer or processor, and all tobacco storage facilities 
·	Residential facilities including long-term care facilities; enclosed or 
designated smoking rooms in residential adult care facilities, mental health 
care facilities; drug and alcohol facilities; adult care facilities; or other 
residential health care facilities; and designated smoking rooms in a facility 
that provides day treatment programs 
·	Cigar bars 
·	Up to 25% of a gaming floor within a licensed gaming facility 
·	A private club, except where the club is open to the public or is leased or 
used for a private event 
·	A drinking establishment (defined as an establishment that operates 
pursuant 
to an eating place, restaurant license or retail dispenser license under the 
Liquor Code that has total annual sales of food sold for on-premises 
consumption of less than or equal to 20% of the combined gross sales of the 
establishment) 
·	A place where a fundraiser is conducted by a nonprofit and charitable 
organization one time per year if the place is separate from other public 
areas, food and beverage is available, no one under 18 is permitted to attend 
and cigars are sold, auctioned or given as gifts or featured at the event 
·	An exhibition hall, conference room or similar facility used exclusively 
to 
promote or sample tobacco products where food and drink is incidental

The legislation also provides that any business/facility that qualifies for an 
exemption must post a sign at every public entrance that states that smoking is permitted on the premises. Additionally, local governments are pre-empted from implemented their own smoking ban. Finally, annual reports are required to be submitted each year to the appropriate committees 
in the House and Senate that include the number of violations of the act by 
county, the number of enforcement actions and description of those activities, and the number of personnel, enforcement strategies and other issues relating to the administration and implementation of the act.

Senator Wayne D. Fontana 
42nd District, Allegheny County 
www.senatorfontana.com​


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## AngryFishH (May 20, 2007)

At least B&M's and cigar bars are valid exemptions.


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## CigarRob (Mar 3, 2007)

AngryFishH said:


> At least B&M's and cigar bars are valid exemptions.


At the moment...

Note how the tobacco sales percentage is now to 85%. So, a cigar retailer that also sells wine, or coffee, etc., now has to decide what to do if his numbers swing to 75% tobacco during an off or seasonal quarter or his coffee business becomes very successful. Do I lie and fudge my books or risk being told by the state that I cannot continue to sell tobacco products and or allow smoking on premesis?


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## sonick-cl (Jun 5, 2007)

Looks like we are back to the "taxation without representation" days. 

Except now it's worse, HUGE and SELECTIVE taxation and a SHAM of representation. 

Put me on the watch list 'cause I'm ready to revolt in this mofo.


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## AngryFishH (May 20, 2007)

CigarRob said:


> At the moment...
> 
> Note how the tobacco sales percentage is now to 85%. So, a cigar retailer that also sells wine, or coffee, etc., now has to decide what to do if his numbers swing to 75% tobacco during an off or seasonal quarter or his coffee business becomes very successful. Do I lie and fudge my books or risk being told by the state that I cannot continue to sell tobacco products and or allow smoking on premesis?


Good point that I missed. They don't say annually or quarterly reporting of revenue recognition though. I would hope that it would be a yearly average and not quarterly but politics and logic don't usually mix.


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## cigarman-cl (Apr 16, 2007)

CigarRob said:


> At the moment...
> 
> Note how the tobacco sales percentage is now to 85%. So, a cigar retailer that also sells wine, or coffee, etc., now has to decide what to do if his numbers swing to 75% tobacco during an off or seasonal quarter or his coffee business becomes very successful. Do I lie and fudge my books or risk being told by the state that I cannot continue to sell tobacco products and or allow smoking on premesis?


I know a few bars that lie about the amount of food sold so they can stay open on sundays....I used to work for one in fact. Does anyone have this guys email address handy?


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## Cigar Diva (May 14, 2007)

What happened to individual/business owners rights? Follow the F___ing money. Texas narrowly skated a STATE-WIDE smoking ban this past legeslative secession. 

Follow the MONEY!  Follow the billions of dollars. Follow the MONEY! Once you find the money connection, I hope you get as aggravated and angry as I am.

Our State representatives and senators are willing to enact laws that put monies in the hands of the companies that lobby to enact smoking bans.

Follow the MONEY!!!


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## stros74 (Jun 28, 2007)

i do know that i have family in the western part of ohio in a town called springfield and when you are out, the only place to smoke is in your car and thats about it...


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## CigarRob (Mar 3, 2007)

humidorqueen said:


> What happened to individual/business owners rights? Follow the F___ing money. Texas narrowly skated a STATE-WIDE smoking ban this past legeslative secession.
> 
> Follow the MONEY! Follow the billions of dollars. Follow the MONEY! Once you find the money connection, I hope you get as aggravated and angry as I am.
> 
> ...


You are absolutely positively 100% correct. Money = power. Politicians are all about power.

Many years ago, my uncle told me that freedom was an economic word. It wasn't until I was 30 or so that I understood what that meant. The more worldly wise and politically aware you become, the more you see the truth in that statement. Of the people, by the people and for the people has largely been lost to the power given to itself by government/politicians. Madison would be spitting nails were he alive today.


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## g8trbone (Apr 26, 2007)

Rob, thanks for posting that autonomous reply. As much as it angers all of us cigar smokers, we need to make sure like HumidorQueen suggests, follow the trail and start getting active. It is extremely frustrating to deal with this crap and it will eventually infringe on our rights. We need one really strong person who can argue these points to bring it up to a higher court as "unconstitutional" and maybe the rest of the country will wake up and see that there are more than just the smoking bans affecting our lives.


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## countnikon (May 10, 2007)

My question is what is next?

1. High tobacco taxes -- We have allowed the government to up the tax on tobacco. Pretty soon, they will raise taxes on alcohol and who knows what other tings.

2. Smoking Bans -- This is ridiculous!!! Business owners should be able to choose what their environment is like. If they want to cater to smokers, that is their business and the government needs to keep their hands off of it.

If I remember correctly, we went to war over this back in the 1700's. 

While I respect the right of people who don't want to inhale 2nd hand smoke, I also believe that it is their choice on where they want to go. If an establishment has a smoking section, they either have to deal with it or go somewhere else. 

I now have to stop before I get a political conversation going here as this is not the place to do so. My rant is over.


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